United States Ninth Circuit

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US v. Parker, 13-30157

Defendant's conviction on two counts of conducting a "work activity or service" on United States Forest Service land without a special use authorization and one count of interfering with a Forest Service officer engaged in the performance of his official duties, is affirmed, where: 1) although defendant's snowmobile clients congregated on a county road subject to an easement, the Forest Service had jurisdiction over his activities; 2) the regulatory framework governing Forest Service control over road is not unconstitutionally vague; 3) the Forest Service officer's testimony regarding the absence of a special use authorization was properly admitted under Fed. R. Evid. 803(10); and 4) defendant's sufficiency-of-evidence challenge to his conviction on one of the unlawful work-activity counts fails.

Appellate Information

  • Decided 07/31/2014
  • Published 07/31/2014

Judges

  • McKEOWN

Court

  • United States Ninth Circuit

Counsel